HSE Contracting Pty Ltd

[2013] FWCA 1193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HSE Contracting Pty Ltd
(AG2013/347)

HSE SOUTH WALKER CREEK MINE ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2013

Application for approval of the HSE South Walker Creek Mine Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HSE South Walker Creek Mine Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HSE Contracting Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2013. The nominal expiry date of the Agreement is 22 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

HSE Contracting Pty Ltd applied for approval of the HSE South Walker Creek Mine Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which was asked to determine if the agreement complied with the necessary legislative criteria. The dispute arose from concerns about whether the agreement adequately protected the interests of employees and met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement fulfilled the formal and substantive requirements set out in the Fair Work Act. The formal requirements included ensuring that the agreement was in writing, contained necessary particulars, and was signed by authorised representatives. The substantive requirements involved assessing whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, maximum hours of work, and other employment conditions. Additionally, the Commission needed to consider if the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the agreement met all formal requirements as it was properly documented and signed. Regarding substantive compliance, the Commission noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the work and industry standards. The Commission was satisfied that the agreement protected the employees' rights and interests by providing for adequate minimum wages, reasonable working hours, and other necessary employment conditions. Consequently, the Fair Work Commission approved the HSE South Walker Creek Mine Enterprise Agreement 2013, finding it to be compliant with the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were to approve the HSE South Walker Creek Mine Enterprise Agreement 2013, effective from the date of the decision. The Commission emphasised the importance of ongoing monitoring and compliance with the agreement to ensure that it continued to meet the statutory requirements and protect employees' interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established